In his order, Additional Sessions Judge AP Raghuvanshi, on Aug 28, held that the housewife was not entitled to any relief under the provisions of Protection of Women under Domestic Violence Act, 2005.
The case related to one Ramji and Sheetal (names changed) who were married on Apr 29, 2002 in Mumbai.
After 15 months of the marriage, the husband had filed a divorce petition in the Bandra court on the ground of cruelty, under section 13(1) of the Hindu Marriage Act, 1955.
He had stated in the petition that his wife was adamant, rude and quarrelsome and her conduct had led to the deterioration of their relationship.
However, before the counsellor, the wife reportedly admitted to her faults and a consent term was prepared and filed on Jan 1, 2004 and the couple started living together.
Later, the wife, after taking into possession all the jewellery which she had received during the marriage, filed an application for maintenance and also filed a complaint under Domestic Violence Act, 2005 and lodged an FIR against her spouse.
The magisterial court then ordered a maintenance of Rs 3,000 each per month for the wife and their child. The court also ordered the husband to return Rs 1.50 lakh, that he borrowed from his mother-in-law.
The husband and his parents then filed an appeal challenging the order of the lower court, which was allowed by the Sessions court at Thane.
In his order, the judge observed that "all these allegations made by the wife clearly establish the probability in favour of husband that it is he who had tried to settle the mater from time-to-time and he even resided separately along with the wife, but still the dispute continued between them".
"In this position, the allegations made by wife that husband was not providing food to her and she had to sleep empty stomach are totally false," the court observed.